Alexander et al. v. Tams et al.

Case # 2077

Appellant/Plaintiff

Joshua C. Alexander, Isaac W. Overall, Sylvester H. Buckly, Clarissa H. Buckly, John Wilbourn, Thomas R. Saunders, Upton Shaw, Andrew Gill

Appellee/Defendant

James Tams, Edward Tams, John Tams, trading under the name of James Tams & Co., Henry E. Dummer, for the use of Messrs Smith, Wright, and Co. who sue in behalf of themselves and such other creditors, et al.

Appellant/Plaintiff Attorneys

  • Stephen Trigg Logan, Silas W. Robbins

Appellee/Defendant Attorneys

  • Robert S. Blackwell

County of Origin

Cass County

Justice

Justice Lyman Trumbull

Terms of Court

December 1851

Type of Case

Bill to Sell Real Estate

Disposition

Reversed

Citation

13 Ill 221

Case Summary

Tams and others sued Alexander and others to sell real estate that the deceased Wilbourn had sold to Alexander to avoid unsatisfied judgments. The circuit court found Tams and others couldn't subject the land to payment but awarded them $700, Wilbourn's contribution. Alexander and others appealed. The Illinois Supreme Court reversed the lower court's judgment and remanded the case to allow Alexander's administrator to become a party.

Illinois Reports File